Spearin v. Linmar, L.P.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered December 24, 2014, which, insofar as appealed from, denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

Plaintiff was not entitled to summary judgment against defendant United Woodtank Corporation under a res ipsa loquitur theory of negligence. The record presents triable issues of fact as to whether the piece of wood that allegedly struck plaintiff was within United’s exclusive control (see Morejon v Rais Constr. Co., 7 NY3d 203, 209 [2006]; Galue v Independence 270 Madison LLC, 119 AD3d 403…